SB 1218

Except in those cases waived by the director as hardship cases, present law requires that any person who is placed on parole or probation , and who is under the supervision of the department of correction , and based on the person's ability t o pay, to contribute $15.00 per month toward the cost of the person's supervision and rehabilitation. Present law provides a nonexclusive list of seven circumstances that constitute a hardship for purposes of waiving the monthly contribution. This bill adds as an eighth circumstance that constitutes a hardship, a parolee whose income level does not meet the requirements of basic necessities of the parolee's household when considering the parolee's family responsibilities or who has not obtained gainful e mployment that would allow the person to meet basic necessities of the parolee's household despite reasonable efforts to do so. Under present law, probationers and parolees experiencing certain circumstances constituting a hardship are required to pay a minimum of $5.00 to the supervision fund, while persons experiencing other circumstances are not required to make any payment to the fund. Persons experiencing the eighth circumstance added by this bill would not be required to make any payment to the su p ervision fund. Present law generally requires that any person who is under the supervision of the department of correction and enrolled in an electronic monitoring and tracking supervision program to contribute funds as the department deems necessary and reasonable to cover the applicable costs of the program . This bill exempts persons who qualify for a hardship waiver from making such contributions. Based on the person's ability to pay, present law requires that a person pay $30.00 for each month or p ortion of a month the person remains under the supervision of the department of correction , to the criminal injuries compensation fund , beginning 30 days from the date of suspension of sentence, date of parole, or in the case of an employed releasee, the d ate of employment. Such p ayment must not exceed 10% of the offender's net income. In cases of hardship, present law authorizes the department to modify the payment to an appropriate amount given the nature and magnitude of the hardship. This bill change s present law by requiring that, in cases of hardship, the payment to the criminal injuries compensation fund is waived. Present law requires that any person who is under the supervision of the department of correction and is enrolled in an electronic mo nitoring and tracking supervision program pay a one-time electronic monitoring initial use fee of $12.00 if the person has not previously been ordered by a court of this state to use an electronic monitoring or ignition interlock device. This bill require s that the department waive the initial use fee in cases of hardship. Under present law, more than two months' arrearage or delinquency in making a contribution to the supervision fund or the criminal injuries compensation fund is ground s for revocation of the parole, probation , or other release program of the person in arrears . This bill authorizes a person who has not made the contributions for a period of two months to notify the department that the person is experiencing a hardship and request the de partment to reevaluate the person's financial ability to make the contributions. If the department determines that the person is experiencing a hardship, the contributions that the person has not made must be waived and the person must not be required to make future contributions until such time that the person is no longer experiencing a hardship.